It is ordered that said quotation, reading as follows, be stricken and deleted from the opinion of the Court:

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'The duties of those in charge of a train to observe the requirements of the statute are not confined to the very time the accident occurs. They commence when the obstruction 'appears' upon the road and 'the road', in contemplation of the statute, is not merely what is called strictly the roadbed or track, but also includes the public approaches thereto and it is the duty of the lookout to view the whole road within the orbit of his vision. Nashville & Chattanooga R. Co. v. Anthony, 69 Tenn. 516, 520.' Majestic v. Louisville & N.R. Co., 6 Cir., 147 F.2d 621, 624-625; Union Traction Co. v. Todd, 16 Tenn.App. 200, 64 S.W.2d 26.

5

And the Court being of the further opinion that the issue involved in this phase of the case was correctly submitted to the jury under the instructions of the trial judge, which were approved in the opinion of March 8, 1954; Cincinnati, N.O. & T.P. Ry. Co. v. Galloway, supra,

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It is ordered that said petition for rehearing be and is denied in all other respects.